Dividing Property in an Illinois Divorce: It’s Not Always Fair, Even, or Equal

October 28, 2024

Divorce can be messy, especially when it comes to dividing your belongings. You might think splitting everything down the middle is the “fairest” solution or that you deserve more than your soon-to-be-ex, but Illinois law takes a different approach. The courts apply the concept of equity when dividing property in an Illinois divorce.

 

So, How is Property Divided in an Illinois Divorce?

 

Let’s break down the key concepts with an example. Assume that a divorcing couple, Alex and Jordan, own 2 cars, a Jaguar worth $60,000 and a Honda minivan worth $12,000. Alex works at home part time and does more of the child caring duties. Jordan works 60-70 hours a week and earns 5 times as much as Alex. They are getting divorced in Illinois and the Court is dividing their property. Here are the ways it could be done:

Fair: This is what you think is right, based on your own perspective. Jordan wants both cars and thinks its fair because they worked more. Alex thinks this is unfair. Fairness is subjective and often doesn’t lead to a mutually agreeable solution.

 

Even: This means splitting things 50/50, like each spouse getting one car. In this scenario, Jordan would get the Jaguar and Alex would get the minivan (and the squished french fries in the back seats)

 

Equitable: This is the approach Illinois courts use. It means a division that’s just and fair, considering all the relevant factors. This could mean:

 

  • One spouse gets both cars but pays the other a cash amount to make up the difference in value. Here, the Court could order Jordan to give Alex $40,000 so Alex can buy a new minivan.

 

  • Both cars are sold, and the proceeds are divided according to what the judge deems fair.

 

  • The parent with the children has the minivan and Jordan has to buy another car for Alex to drive at other times. Jordan can keep the Jaguar.

 

Equitable means the concept that everyone gets something that might satisfy their needs. Let’s assume that we are sharing the pizza shown. There are six slices of my current favorite, jalapeno pineapple (yes, but trust me, its GOOD). If I am sorta hungry and you are super hungry, the fair division would be fore me to eat 2 or 2 and a half slices, rather than 3. We would both leave with full bellies. And Equity strives to work as a way to ensure that everyone gets what they need, which in this case, would be a unequal division of the pizza. If the Court always divided pizzas exactly evenly, I would have too much to eat (but I might make room anyway) and you would need some garlic sticks.

What Factors Are Considered when Dividing Property in an Illinois Divorce?

 

Illinois law considers a variety of factors when deciding what’s equitable, including:

 

  1. Each spouse’s contribution to the marriage (both financial and non-financial)
  2. Each spouse’s current and future financial needs
  3. The length of the marriage
  4. The age and health of each spouse
  5. The presence of children and their needs

 

The Goal: A Fair Outcome, Not Necessarily an Equal One

 

Remember, an equitable division isn’t always an equal one. The court’s goal is to reach an equitable resolution that considers the unique circumstances of your marriage and sets both parties up for a successful future. When a couple has an uncontested divorce, they get to choose how their property is divided, This allows a divorcing couple to get creative. In the example above, if Alex and Jordan agree, they could share the minivan when they each have the kids, and Jordan agrees to pay for a new car for Alex to drive when Alex does not have the kids.

 

Need Help Navigating Property Division in Illinois?

Divorce is complicated, but I’m here to help. I have over 20 years of experience helping my clients divide their property and have some creative tools I can use to help you with a division that is fair. Call my office or reach out through my website for a free consultation.

 

Disclaimer: This blog post offers general information about legal topics and is not intended as legal advice. Laws vary by jurisdiction and individual circumstances, so consult a qualified attorney for personalized guidance.